3Xm The friendliest intelligent professional music service people

Home

Recording
On-Location
Mastering

CDR
Duplication
Services
Rates

3XM TERMS AND CONDITIONS OF SALE

3Xm reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided for manufacturing.
If 3Xm determines, or has reason to believe, that the customer does not have the authority to reproduce the product or materials provided, 3Xm will have no further obligations to the customer to provide any reproduction services or any other services under any agreements with respect to such product or materials, and will return such product or materials to the customer. By reserving these rights, 3Xm does not in any way assume an obligation to investigate or verify ownership of any and all intellectual property or other materials provided by the customer, and 3Xm will rely solely on the customer's representations and warranties, as provided under 3Xm’s order forms.
The customer represents and warrants that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use, the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks and trade names, copyrights, or other intellectual property rights relating to the customer's property subject to this agreement, including but not limited to the right to use certain films, music and sound recordings, pictures, software, etc.
The customer is not, or will not be, as a result of the execution and delivery of this agreement or the performance of the obligations hereunder, in violation of any intellectual property rights of third parties.
No claims with respect to the customer's intellectual property rights or third party intellectual property rights are currently pending, or, to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist.
Customer agrees to indemnify, defend, protect, and hold harmless 3Xm and its subsidiaries and their respective officers, directors, agents, affiliates, distributors and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement, Purchase Order, or in any other form or document in connection herewith.
The customer agrees to provide 3Xm, upon request, all necessary documentation for a supplied data source, including all pertinent copyright and licensing information.
3Xm reserves the right to refuse any order.
3Xm reserves the right to change prices, materials, specifications and colors specified and mentioned in our price list and catalog online.
3Xm currently accepts personal checks, company checks, cash and money orders.
3Xm may require at its sole discretion, half of the payment due in advance for any work or services that is to be performed, and the other half to be paid upon delivery of the product before shipping (no C.O.D.s). All amounts are due according to the payment terms stated in the invoice. 3Xm reserves the right, among other remedies, either to terminate this agreement or to suspend further deliveries upon failure of the customer to make any payment as herein provided. Past-due accounts and accounts placed for collection are responsible for all associated fees, including interest at 2% per month (24% per year) on the late balance. Interest shall run on said amount from the initial billing date at the specified rate and shall accrue daily.
In the event a client fails to fully pay, accept delivery or pick up finished product within 60 days for any work completed, 3Xm has the right to dispose of, sell or use any such material on hand in any way the company chooses.
Quoted or acknowledged delivery dates are only estimated dates of delivery. 3Xm specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
All masters, artwork, photos and any other materials furnished to 3Xm by the client remain the property of the client.
While 3Xm will treat the client's materials with the utmost care, 3Xm specifically denies liability for any damage or loss due to fire, casualty, or negligence while the client's materials are in the care and possession of 3Xm.
Clients should provide insurance coverage, as 3Xm’s policy does not provide protection for client materials in our possession.
3Xm will store client’s related duplication, packaging and labeling materials without charge to the customer for a maximum of 12 months following the last related order placed. After expiry of the said 12 months, 3Xm may destroy and discard the duplication, packaging and labeling materials without any liability on 3Xm's part.
3Xm limits liability to rerun or refund (at our sole option) on the services performed and product delivered, provided that the product is deemed defective by reason of workmanship or materials. 3Xm disclaims all liability for any consequential damage or losses, under any theory, for defects in material or workmanship. Reruns or refunds will be prorated based on the quantity of goods returned to 3Xm.
No product is replaced, or credit given, more than thirty (30) days after client's receipt of product.
Customer orders for products not yet manufactured by 3Xm may be terminated by either party within 10 days of the initial order date via a written notice. Customer will be responsible for all costs incurred by 3Xm related to pre-manufacturing or manufacturing of any product, prior to receipt of the notice of termination. After such termination, customer's original materials and any completed product may be delivered to the customer only after all sums owing to 3Xm have been paid in full by cash, money order, personal or company check.
The following is the sole warranty given by 3Xm in respect to work or services to be performed or provided by 3Xm and excludes the application of any other warranty or guarantee. 3Xm warrants that products manufactured and assembled and delivered by 3Xm hereunder meets 3Xm's standard specifications for the product or such other specifications as have been expressly made a part of this agreement and that such product is adequately contained, packaged and labeled.